ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2000
    WHOLESALE OIL COMPANY (Belmont),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 00-120
    (UST - Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 14, 1999, the Illinois Environmental Protection Agency (Agency) issued a
    final determination, denying Wholesale Oil Company’s (petitioner) request for reimbursement
    from the Underground Storage Tank Fund. By letter dated January 13, 2000, petitioner asked
    that the Agency join a request for a 90-day extension of the 35-day appeal period. A copy of
    petitioner’s letter was received by the Board on January 14, 2000. Any joint request for a 90-
    day extension of the 35-day appeal period was due on or before January 18, 2000,
    i.e
    ., 35 days
    after the Agency’s final determination. See 415 ILCS 5/40(a)(1) (1998). To date, the Board
    has not received a joint request for a 90-day extension.
    Because the Agency has not filed a joint request for a 90-day extension in a timely
    manner, the statutory condition for the extension has not been met. Accordingly, the Board
    cannot grant a 90-day extension of the 35-day appeal period pursuant to Section 40(a)(1) of the
    Environmental Protection Act (415 ILCS 5/40(a)(1) (1998)). The Board can, however,
    construe petitioner’s letter, described above and filed on January 14, 2000, as a timely petition
    for review so that petitioner will not lose its right to appeal the Agency’s determination.
    1
    See,
    e.g.
    , North Shore Sanitary District v. Illinois Environmental Protection Agency (May 7, 1998),
    PCB 98-149, slip op. at 1; Jake Seabury v. Illinois Environmental Protection Agency (June 17,
    1998), PCB 98-147, slip op. at 1. The Board does so here.
    Petitioner’s request, construed as a petition for review, however, is not sufficient under
    the Board’s rules. See 35 Ill. Adm. Code 101.103, 105.102(a). Most importantly, the petition
    fails to attach a copy of the Agency determination that the Board is to review. The Board
    1
    Generally, to appeal an Agency determination, the appeal must be filed with the Board within
    35 days after the Agency’s final determination. See 415 ILCS 5/40(a)(1) (1998). However,
    the 35-day appeal period can be extended “for a period of time not to exceed 90 days by
    written notice provided to the Board from the applicant and the Agency within the initial appeal
    period.” 415 ILCS 5/40(a)(1) (1998). Thus, any joint request was due to be filed with the
    Board no later than January 18, 2000, 35 days after the Agency’s final determination.
    2
    therefore gives petitioner 30 days from the date of this order to file an amended petition for
    review, including a copy of the Agency’s determination. If the petitioner does not file an
    amended petition for review within this time period, including proof of service of the amended
    petition on the Agency, the Board will dismiss this matter and close the docket.
    The 120-day statutory period in which the Board must render a final decision will begin
    running as of the date of the filing of the amended petition. Additionally, a $75 filing fee will
    be required at such time as petitioner files the amended petition. See 35 Ill. Adm. Code
    101.120(b)(3).
    IT IS SO ORDERED.
    Board Member N.J. Melas abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 3rd day of February 2000 by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top